CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 1771

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Barreiro offered the following:

12

13         Amendment to Amendment (305255) (with title amendment) 

14         On page 1, line 17, through page 2, line 8,

15  remove:  all of said lines,

16

17  and insert:

18         Section 1.  Section 285.16, Florida Statutes, is

19  repealed.

20         Section 2.  Subsection (3) of section 285.061, Florida

21  Statutes, is amended to read:

22         285.061  Transfer of land to United States in trust for

23  Seminole and Miccosukee Indian Tribes.--

24         (3)  All the provisions of this chapter, not in

25  conflict with this section, remain in full force and effect.

26  The state reserves both civil and criminal jurisdiction over

27  said reservations in accordance with s. ss. 285.16 and 285.165

28  and applicable federal law.  The transfer of lands in trust

29  for the Miccosukee Tribe of Indians of Florida made pursuant

30  to the authority of this section remains subject to all of the

31  rights, easements, and reservations in favor of the South

                                  1

    File original & 9 copies    03/13/02
    hbd0022                     07:02 pm         01771-0107-424577




                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 1771

    Amendment No. ___ (for drafter's use only)





  1  Florida Water Management District provided in the transfer.

  2         Section 3.  Subsection (1) of section 285.165, Florida

  3  Statutes, is amended to read:

  4         285.165  Water rights compact with Seminole Tribe.--

  5         (1)  Notwithstanding the provisions of s. 285.16, The

  6  water rights compact among the Seminole Tribe of Florida, the

  7  State of Florida, and the South Florida Water Management

  8  District as approved by the governing board of the South

  9  Florida Water Management District at its May 15, 1987,

10  governing board meeting is hereby ratified and approved.  The

11  compact shall not be effective until approved in appropriate

12  federal legislation.  Upon congressional approval, the compact

13  shall become the sole source of regulation of water use and

14  the management and storage of surface water and groundwater on

15  reservation and Tribal Trust lands.

16         Section 4.  Paragraph (c) of subsection (2) of section

17  285.18, Florida Statutes, is amended to read:

18         285.18  Tribal council as governing body; powers and

19  duties.--

20         (2)  The governing bodies of the special improvement

21  districts shall have the duty and power:

22         (c)  To employ personnel to exercise law enforcement

23  powers, including the investigation of violations of any of

24  the criminal laws of the state occurring on reservations over

25  which the state has assumed jurisdiction pursuant to s.

26  285.16.

27         1.  All law enforcement personnel employed shall be

28  considered peace officers for all purposes and shall have the

29  authority to bear arms, make arrests, and apply for, serve,

30  and execute search warrants, arrest warrants, capias, and

31  other process of the court, and to enforce criminal and

                                  2

    File original & 9 copies    03/13/02
    hbd0022                     07:02 pm         01771-0107-424577




                                                   HOUSE AMENDMENT

    hbd-032                                       Bill No. HB 1771

    Amendment No. ___ (for drafter's use only)





  1  noncriminal traffic offenses, within their respective special

  2  improvement districts.

  3         2.  All law enforcement personnel shall be entitled to

  4  the privileges, protection, and benefits of ss. 112.19 and

  5  870.05.

  6         Section 5.  This act shall take effect upon becoming a

  7  law.

  8

  9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 2, lines 16-25 of the amendment,

13  remove:  all of said lines,

14

15  and insert:

16                      A bill to be entitled

17         An act relating to state civil and criminal

18         jurisdiction on Indian reservations; repealing

19         s. 285.16, F.S., relating to state civil and

20         criminal jurisdiction on Indian reservations;

21         amending ss. 285.061, 285.165, and 285.18,

22         F.S.; correcting cross references, to conform;

23         providing an effective date.

24

25

26

27

28

29

30

31

                                  3

    File original & 9 copies    03/13/02
    hbd0022                     07:02 pm         01771-0107-424577